Page:Federalist, Dawson edition, 1863.djvu/720

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576
The Fœderalist.


in one Supreme Court, and in such inferior Courts as Congress shall ordain and establish;" and it then proceeds to enumerate the cases, to which this Judicial power shall extend. It afterwards divides the jurisdiction of the Supreme Court into original and appellate, but gives no definition of that of the subordinate Courts. The only outlines described for them are, that they shall be "inferior to the Supreme Court," and that they shall not exceed the specified limits of the Fœderal Judiciary. Whether their authority shall be original or appellate, or both, is not declared. All this seems to be left to the discretion of the Legislature. And this being the case, I perceive at present no impediment to the establishment of an appeal from the State Courts to the subordinate National tribunals; and many advantages attending the power of doing it may be imagined. It would diminish the motives to the multiplication of Fœderal Courts, and would admit of arrangements calculated to contract the appellate jurisdiction of the Supreme Court. The State tribunals may then be left with a more entire charge of Fœderal causes; and appeals, in most cases in which they may be deemed proper, instead of being carried to the Supreme Court, may be made to lie from the State Courts to District Courts of the Union.

PUBLIUS.



[From M'Lean's Edition, New York, M.DCC.LXXXVIII.]

[THE FŒDERALIST.] No. LXXXIII.

[To the People of the State of New York:]

THE objection to the plan of the Convention, which has met with most success in this State, and perhaps in several of the other States, is that relative to the